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  • Commentaries
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Kentucky Case Commentaries

Kentucky Supreme Court Rules LWOP Sentences for Juvenile Offenders Statutorily Prohibited: PHON v. COMMONWEALTH OF KENTUCKY

Kentucky Supreme Court Rules LWOP Sentences for Juvenile Offenders Statutorily Prohibited: PHON v. COMMONWEALTH OF KENTUCKY

Date: Apr 27, 2018
Kentucky Supreme Court Rules LWOP Sentences for Juvenile Offenders Statutorily Prohibited: PHON v. COMMONWEALTH OF KENTUCKY Introduction The case of Sophal PHON v. COMMONWEALTH OF KENTUCKY (545...
Supreme Court of Kentucky: Harmless Error Doctrine Applied to Jury Instruction in First-Degree Wanton Endangerment Cases

Supreme Court of Kentucky: Harmless Error Doctrine Applied to Jury Instruction in First-Degree Wanton Endangerment Cases

Date: Feb 16, 2018
Supreme Court of Kentucky: Harmless Error Doctrine Applied to Jury Instruction in First-Degree Wanton Endangerment Cases Introduction In the landmark case of Commonwealth of Kentucky v. Billy Reed...
Requirement of Expert Testimony in Medical Malpractice Claims: Adams v. Sietsema

Requirement of Expert Testimony in Medical Malpractice Claims: Adams v. Sietsema

Date: Nov 3, 2017
Requirement of Expert Testimony in Medical Malpractice Claims: Adams v. Sietsema Introduction Adams v. Sietsema (533 S.W.3d 172, 2017) is a pivotal case decided by the Supreme Court of Kentucky,...
Strict Compliance with Verification Requirements Established in Kentucky Unemployment Insurance Commission v. Wilson

Strict Compliance with Verification Requirements Established in Kentucky Unemployment Insurance Commission v. Wilson

Date: Aug 25, 2017
Strict Compliance with Verification Requirements Established in Kentucky Unemployment Insurance Commission v. Wilson Introduction The case of Kentucky Unemployment Insurance Commission, Appellant v....
Informed Consent and Directed Verdicts: The Supreme Court of Kentucky in Argotte v. Harrington

Informed Consent and Directed Verdicts: The Supreme Court of Kentucky in Argotte v. Harrington

Date: Jun 16, 2017
Informed Consent and Directed Verdicts: The Supreme Court of Kentucky in Argotte v. Harrington Introduction The case of Alex Argotte, M.D. v. Jacqulyn G. Harrington (521 S.W.3d 550) adjudicated by...
Enforceability of Owned-But-Not-Scheduled UIM Exclusions in Kentucky Insurance Law

Enforceability of Owned-But-Not-Scheduled UIM Exclusions in Kentucky Insurance Law

Date: Oct 21, 2016
Enforceability of Owned-But-Not-Scheduled UIM Exclusions in Kentucky Insurance Law Introduction The Supreme Court of Kentucky, in the case of Philadelphia Indemnity Insurance Company, Inc. v. Richard...
Revising Malicious Prosecution Standards: Kentucky Supreme Court’s Landmark Decision in Martin v. O'Daniel

Revising Malicious Prosecution Standards: Kentucky Supreme Court’s Landmark Decision in Martin v. O'Daniel

Date: Sep 23, 2016
Kentucky Supreme Court Revises Malicious Prosecution Standards: Martin v. O'Daniel Introduction In the landmark case of Gary Martin Appellant v. Stephen O'Daniel Appellee, decided by the Supreme...
Kentucky Supreme Court Limits Use of Futile-Gesture Doctrine in Employment Retaliation Claims

Kentucky Supreme Court Limits Use of Futile-Gesture Doctrine in Employment Retaliation Claims

Date: Feb 19, 2016
Kentucky Supreme Court Limits Use of Futile-Gesture Doctrine in Employment Retaliation Claims Introduction The case of Norton Healthcare, Inc. v. Lual A. Deng (formerly Jacob L. Aker) presents a...
Executive Authority to Correct Custody Time Credit under KRS 532.120(3): Bowling v. White

Executive Authority to Correct Custody Time Credit under KRS 532.120(3): Bowling v. White

Date: Sep 25, 2015
Executive Authority to Correct Custody Time Credit under KRS 532.120(3): Bowling v. White Introduction Bowling v. White is a landmark decision by the Supreme Court of Kentucky, rendered on September...
Enhancing Defendant Rights: The Commonwealth v. Bedway Decision

Enhancing Defendant Rights: The Commonwealth v. Bedway Decision

Date: Aug 21, 2015
Enhancing Defendant Rights: The Commonwealth v. Bedway Decision Introduction The landmark case of Commonwealth of Kentucky v. James Bedway, 466 S.W.3d 468 (Ky. 2015), addressed critical issues...
Kentucky Supreme Court Upholds Parent Company Immunity via Self-Insurance

Kentucky Supreme Court Upholds Parent Company Immunity via Self-Insurance

Date: Jun 12, 2015
Kentucky Supreme Court Upholds Parent Company Immunity via Self-Insurance Introduction In the case of Cassandra Falk, Indi v. Dually and as Administratrix of the Estate of James Jeffrey Falk; James...
Supreme Court of Kentucky Upholds Law Enforcement Discretion in BAC Testing under KRS 189A.103 in Commonwealth v. Duncan

Supreme Court of Kentucky Upholds Law Enforcement Discretion in BAC Testing under KRS 189A.103 in Commonwealth v. Duncan

Date: May 15, 2015
Supreme Court of Kentucky Upholds Law Enforcement Discretion in BAC Testing under KRS 189A.103 in Commonwealth v. Duncan Introduction The case of Commonwealth of Kentucky v. Christopher Duncan (483...
Enhancement of Sentences Under KRS 218A.1413(2)(b)(1): A New Precedent

Enhancement of Sentences Under KRS 218A.1413(2)(b)(1): A New Precedent

Date: Feb 20, 2015
Enhancement of Sentences Under KRS 218A.1413(2)(b)(1): A New Precedent Introduction The case of Commonwealth of Kentucky v. Gary Gamble, Sr. (453 S.W.3d 716) marked a significant development in...
Stephen Sykes v. Commonwealth of Kentucky: Rule of Completeness and Evidentiary Standards

Stephen Sykes v. Commonwealth of Kentucky: Rule of Completeness and Evidentiary Standards

Date: Feb 20, 2015
Stephen Sykes v. Commonwealth of Kentucky: Rule of Completeness and Evidentiary Standards Introduction Stephen Sykes, the appellant in the case of Stephen Sykes v. Commonwealth of Kentucky (453...
Reversing Capital Kidnapping Conviction: The Limits of Other-Act Evidence in Kentucky—ST. CLAIR v. COMmonwealth

Reversing Capital Kidnapping Conviction: The Limits of Other-Act Evidence in Kentucky—ST. CLAIR v. COMmonwealth

Date: Feb 20, 2015
Reversing Capital Kidnapping Conviction: The Limits of Other-Act Evidence in Kentucky—ST. CLAIR v. COMmonwealth Introduction In the pivotal case of Michael D. ST. CLAIR v. COMmonwealth of Kentucky,...
Establishing Criteria for Probation Revocation under KRS 439.3106: Commonwealth of Kentucky v. Joseph Andrews

Establishing Criteria for Probation Revocation under KRS 439.3106: Commonwealth of Kentucky v. Joseph Andrews

Date: Dec 19, 2014
Establishing Criteria for Probation Revocation under KRS 439.3106: Commonwealth of Kentucky v. Joseph Andrews Introduction In the landmark case Commonwealth of Kentucky v. Joseph Andrews, decided by...
Supreme Court of Kentucky Affirms Directed Verdict Based on Presumption of Negligence in Wrong-Way Driving Accidents

Supreme Court of Kentucky Affirms Directed Verdict Based on Presumption of Negligence in Wrong-Way Driving Accidents

Date: Oct 24, 2014
Supreme Court of Kentucky Affirms Directed Verdict Based on Presumption of Negligence in Wrong-Way Driving Accidents Introduction The case of Reuben J. Wright, et al. v. Kim Carroll (452 S.W.3d 127)...
Qualified Immunity in Educational Settings: Marson v. Thomason

Qualified Immunity in Educational Settings: Marson v. Thomason

Date: Sep 19, 2014
Qualified Immunity in Educational Settings: Marson v. Thomason Introduction In the landmark case Marson v. Thomason, the Supreme Court of Kentucky addressed the contentious issue of qualified...
Webster v. Commonwealth: Kentucky Supreme Court Sets Boundaries on Appellate Review of Jury Instructions and Sentencing Errors

Webster v. Commonwealth: Kentucky Supreme Court Sets Boundaries on Appellate Review of Jury Instructions and Sentencing Errors

Date: Sep 19, 2014
Webster v. Commonwealth: Kentucky Supreme Court Sets Boundaries on Appellate Review of Jury Instructions and Sentencing Errors Introduction Webster v. Commonwealth is a pivotal case adjudicated by...
Strict Compliance with Client Trust Account Management: Kentucky Supreme Court Establishes Disciplinary Precedent

Strict Compliance with Client Trust Account Management: Kentucky Supreme Court Establishes Disciplinary Precedent

Date: Aug 22, 2014
Strict Compliance with Client Trust Account Management: Kentucky Supreme Court Establishes Disciplinary Precedent Introduction The case of Kentucky Bar Association, Inc. v. Cabell D. Francis II (439...
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